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Grubhub has managed to fend off a bid from Kroger to stop the use of a fork-and-knife logo, reports Reuters. Kroger’s meal-kit service Home Chef was not able to convince a U.S. appeals court to block Grubhub’s use of the logo, which it says is too similar to its own branding.
The 7th U.S. Circuit Court of Appeals on Sept. 12 upheld an Illinois federal court’s decision that Home Chef’s case “was not strong enough to grant its preliminary-injunction request,” according to Reuters.
A Kroger spokesperson said that Home Chef disagrees with the decision and is considering other options.
A Grubhub spokesperson said that the internet-based food delivery company was pleased with the decision and is “looking forward to putting this dispute behind us.”
When Netherlands-based Just Eat Takeaway.com bought Grubhub in 2012, it changed the logo to resemble the silhouette of a house with a fork and knife in the center. Home Chef sent Grubhub a cease-and-desist letter based on its own similar logo.
Grubhub then sued in a federal court later that year, seeking a declaration that it did not violate Home Chef’s trademark rights. Home Chef responded with a motion to preliminarily ban Grubhub from using the logo.
While at that time a magistrate judge said consumer confusion was likely enough to justify the injunction, a U.S. District Judge disagreed with the 7th Circuit affirming that decision to deny the request.
U.S. Circuit Judge John Lee wrote that the “accused mark prominently features Grubhub’s own brand name,” and did not see how consumers could reasonably confuse the two brands.
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